Certificate of Non-Voting Depositary Receipts

According to the legal regulations on securities, how are non-voting depository receipts regulated?

Based on Article 140 of Decree 155/2020/ND-CP regulating non-voting depository receipts as follows:

  1. Non-voting depository receipts are a type of security issued by a subsidiary of the Stock Exchange to foreign investors based on shares of listed companies, registered for trading.

  2. Holders of non-voting depository receipts have economic benefits and corresponding obligations as those of underlying common shares, except for voting rights.

  3. The issuing organization has the right to attend the General Meeting of Shareholders and vote in the event that the issuer of the underlying shares seeks shareholder opinion on the delisting, but does not have any other economic rights related to those shares.

  4. The Minister of Finance stipulates the type of securities that are the basis for issuing non-voting depository receipts, the issuance limit, the mechanism for converting underlying securities into non-voting depository receipts; the implementation of the right to attend the General Meeting of Shareholders and vote of the issuing organization, disclosure of information, listing, trading, registration, depository, clearing and settlement, and other content related to non-voting depository receipts.

Respectfully!

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